kindly share your expert view : Bail is already granted in 498a. The husband side filed discharge petition before session court. The session court dismissed the discharge but allowed partially to dismiss allegation made in other section. Now the case of quash petition is filed before the high court against the order of session court.
Sir, the hearing is to be held before the lower court tomorrow for framing of charge. my lower is saying that if all the accused are not present before the lower court then bail granted earlier by the lower court will be terminated. This is seemed to me as the very confused matter that the quash is pending before the high court for listing how the lower court can terminate the bail? kindly suggest what to do?
17 February 2017
Dear Mr.Sunderam, Your attendance on trial is must. not only yourself but attendance of all the accused is compulsory.
From your question, I understood that your discharge petition was dismissed in the lower court. The next stage is questioning. The Court shall question you whether you accept the charge or not. Normally, you wont accept (becos, you applied for discharge) and then the Court shall frame charge.
If you or any of accused absent,questioning cannot be done. So, presence is a compulsory one.
The Court shall issue warrant against absented accused. Your Lawyer might have told this. You probably misunderstood that the bail shall be cancelled.
The bail shall have no force at this stage.
So you please attend the court on questioning day. On other days, you can absent yourself and submit petition u/s.317. It is the discretion of the court to allow the petition.
Meanwhile, you concentrate on quash. But Quash can be expected only on strong grounds.
18 February 2017
Bail can be cancelled, if the bail conditions are violated. If all members are not in a position to attend the court, inform your advocate to file exemption application. If remained absent NBW will issue but bail wont be cancelled.